Note: The degree of the
offense depends on the number of images. See § 53a-196d (first degree: 50
or more images or one or more images depicting infliction of serious physical injury); § 53a-196e (second degree: more than 20 images but fewer
than 50); § 53a-196f (third degree: fewer than 20 images).

The defendant is charged [in
count __] with possessing child pornography in the (first / second /
third) degree. The statute defining this offense reads in pertinent part
as follows:

a person is guilty of
possessing child pornography in the (first / second / third) degree when
such person knowingly possesses (fifty or more / twenty or more but fewer
than fifty / fewer than twenty / one or more) visual depictions of child pornography [that depict the infliction or threatened infliction of serious physical injury].

For you to find the defendant
guilty of this charge, the state must prove the following elements beyond
a reasonable doubt:

Element 1 - PossessionThe first element is that the
defendant possessed child pornography.

"Child
pornography" is any visual depiction, including any photograph, film,
videotape, picture or computer-generated image or picture, whether made or
produced by electronic, digital, mechanical or other means, of sexually explicit
conduct, where the production of such visual depiction involves the use of
a person under 16 years of age engaging in sexually explicit conduct,
provided whether the subject of a visual depiction was a person under 16
years of age at the time the visual depiction was created is a question to
be decided by the trier of fact.

"Sexually
explicit conduct" means actual or simulated (A) sexual intercourse,
including genital-genital, oral-genital, anal-genital or oral-anal
physical contact, whether between persons of the same or opposite sex, or
with an artificial genital, (B) bestiality, (C) masturbation, (D) sadistic
or masochistic abuse, or (E) lascivious exhibition of the genitals or
pubic area of any person.

"Sexual
intercourse" means intercourse, real or simulated, whether
genital-genital, oral-genital, anal-genital or oral-anal, whether between
persons of the same or opposite sex or between a human and an animal, or
with an artificial genital. "Masturbation"
means the real or simulated touching, rubbing or otherwise stimulating a
person's own clothed or unclothed genitals, pubic area, buttocks, or, if
the person is female, breast, either by manual manipulation or with an
artificial instrument. "Sadistic
or masochistic abuse" means flagellation or torture by or upon a
person clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the part of
one so clothed. A "lascivious" exhibition of the genitals or pubic area
is an exhibition that is lewd or lustful.

Furthermore, the state must
prove beyond a reasonable doubt that the person depicted was or is an
actual, real person. For example, a "virtual" or computer-generated image
would not fall into this category.

The defendant must possess the
child pornography; that means (he/she) must have physical possession of it
or otherwise exercise dominion or control over it. <See
Possession, Instruction 2.11-1.>

Element 2 - KnowinglyThe second element is that
(he/she) knowingly possessed the child pornography knowingly. A person
acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.> The state must prove that the
defendant was aware of the nature and content of the materials.

Element 3 - Number of
depictions

The third element is that the defendant possessed
<insert as appropriate according to the allegations and evidence:>1

Fifty or more still images of child pornography,

One or more still images of child pornography that depict the
infliction or threatened infliction of serious physical injury.

Any single moving image with either one child engaging in more
than one sexually explicit act or more than one child engaging in one
sexually explicit act.

More than one moving picture, in any format, depicting a
single act of sexually explicit conduct by one child.

<For second degree any one or a combination of the following:>

More than 20, but fewer than 49, still images of child pornography.

A moving image of 20 or more frames in any format, depicting a single act of
sexually explicit conduct by one child.

<For third degree any one or a combination of the following:>

Fewer than
20 still images of child pornography.

A moving picture of fewer than 20 frames depicting a single act of sexually
explicit conduct by
one child.

A "visual
depiction" includes undeveloped film and videotape and information of
any kind in any form, including computer software, that is capable of
conversion into a visual image and includes encrypted data. It does
not matter whether the visual depictions are different images or multiple
copies of the same image..2

The defendant claims that (his/her) acts constituted a violation of Possessing or Transmitting Child Pornography by Minor rather than Possessing Child Pornography. That offense, while still a criminal offense, subjects a person to a lesser penalty. The elements of that offense are refer to
Possessing or Transmitting Child Pornography by Minor, Instruction 7.7-6.

Conclusion

[<If defendant has not raised the affirmative defense:>In summary, the state must
prove beyond a reasonable doubt that 1) the defendant possessed child
pornography, 2) (he/she) was aware of the nature and contents of the
material, and 3) it consisted of (fifty or more / twenty or more but fewer
than fifty / fewer than twenty / one or more) visual depictions [that depict the infliction or threatened infliction of serious physical injury].

If you unanimously find
that the state has proved beyond a reasonable doubt each of the elements
of the crime of possessing child pornography in the (first / second /
third) degree, then you shall find the defendant guilty. On the other
hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant
not guilty.]

[<If defendant has raised the affirmative defense:>
If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements of the crime of possessing child pornography, you shall then find the defendant not guilty and not consider the defendant's affirmative defense.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements, then you shall consider the defendant's affirmative defense. If you unanimously find that the defendant has proved (his/her) defense by a preponderance of the evidence, then you shall find the defendant not guilty. If you unanimously find that the defendant has not proved (his/her) affirmative defense by a preponderance of the evidence, then you shall find the defendant guilty.]
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